This form is a Private Dispute Resolution Clause usable to compel negotiation and mediation prior to arbitration or litigation in contracts where licensing, patents, or commercial trade secrets are a factor.
Montana Private Dispute Resolution Clause
State:
Multi-State
Control #:
US-TS10042B
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Private Dispute Resolution Clause?
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FAQ
Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline ...
The mediator's obligation of confidentiality applies not only to oral or written communications but to any action, demeanour or body language of a party which might give indications of the confidential position, feelings, beliefs or perceptions of such party.
The primary objectives of mediation are to enable and empower the parties to negotiate and resolve the dispute promptly, cost effectively, and confidentially rather than have a decision imposed upon them by a judge or arbitrator.
The mediator is impartial. This means they do not take sides. They're there to help everyone involved find a solution they can all agree to. It's not about judging who was right or wrong in the past, but looks at how to agree on working together in the future.
Confidentiality is at the heart of a mediation session and is critical to a successful resolution. The parties must be assured that they can share sensitive information at the session, where it is necessary to see that their true needs and interests may be met, without fear of subsequent disclosure to their detriment.
Confidentiality is vitally important to mediation because it facilitates disclosure. People will not disclose personal needs, strategies, and information if they feel it might be used against them.
A confidential mediation statement, on the other hand, provides an opportunity to clearly assert your client's strengths and the other side's weaknesses without having to pull your punches, enabling you to telegraph to the mediator the arguments about which you are most confident. The weaknesses of your case.
Mediation involves the intervention of a third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict. The mediator meets with the parties at a neutral location where the parties can discuss the dispute and explore a variety of solutions.
